SB 961 Summary

• Prohibits insurers from declining life insurance or disability income insurance applications based solely on positive HIV test results, effective January 1, 2023.

• Allows insurers to refuse coverage, limit benefits, or charge higher rates to HIV-positive applicants if based on sound actuarial principles and actual or reasonably anticipated experience.

• Defines "HIV test" as any clinical test used to identify HIV, components of HIV, or antibodies/antigens to HIV, replacing previous narrow definitions limited to ELISA and Western Blot tests.

• Increases civil penalties for negligent disclosure of HIV test results to not exceed $2,500 plus court costs (from $1,000), and for willful or malicious disclosure to $5,000-$10,000 plus court costs (from $1,000-$5,000); increases criminal penalty for disclosure causing harm to up to $25,000 fine (from $10,000).

• Requires insurers to obtain written informed consent before HIV testing, bear test costs, provide counseling resources, and maintain strict confidentiality of test results.